Territory of Oklahoma v. Richardson
Supreme Court of Oklahoma
Efror from the District Court of Kay County; before Bayard T. Hamer, District Judge. STATEMENT OF THE CASE. On December 16, 1897, the defendant in error was charged' bj indictment with the offense of receiving a deposit in the First State Bank of Perry, when he knew the bank to be insolvent, and when he was at the time assistant cashier thereof. A demurrer filed by the defendant was overruled, and the plea of not guilty entered.
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Efror from the District Court of Kay County; before Bayard T. Hamer, District Judge. STATEMENT OF THE CASE. On December 16, 1897, the defendant in error was charged' bj indictment with the offense of receiving a deposit in the First State Bank of Perry, when he knew the bank to be insolvent, and when he was at the time assistant cashier thereof. A demurrer filed by the defendant was overruled, and the plea of not guilty entered. Thereafter,4 upon the application of the defendant, a change of venue was granted from Noble to Kay county; consent was given by the defendant to the setting of the…
1Opinion of the Court
Opinion of tbe court by
HcAtee, J.:
It is contended, by tbe plaintiff in error that tbe court bad no authority to entertain tbe plea in abatement, because any special plea bad been waived by tbe act of the defendant in pleading not guilty, taking a change of venue, and consenting that tbe case be set for trial
In support of this contention,tbe plaintiff in error cites the various sections of tbe statute which provide for tbe pleas on behalf of tbe defendant, and by which tbe defense of tbe defendant may be set up, and upon which tbe indictment must be set aside, if at all, by tbe court.
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2Cases cited5 opinions
- Commonwealth v. LockwoodMassachusetts Supreme Judicial Court · 1872
- In re MooreWyoming Supreme Court · 1893
- People v. BowenCalifornia Supreme Court · 1872
- State ex rel. Rogers v. JenkinsWashington Supreme Court · 1898
- Eoff v. ThompkinsSupreme Court of Missouri · 1877
3Cited by15 opinions
- Ex Parte CrumpCourt of Criminal Appeals of Oklahoma · 1913
- State Ex Rel. Cloud v. State Election BoardSupreme Court of Oklahoma · 1934
- In Re Application of FitzpatrickNew Jersey Superior Court Appellate Division · 1950
- Jamison v. FlannerSupreme Court of Kansas · 1924
- Rathbun v. BaumelSupreme Court of Iowa · 1922
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